Plaintiff Defeats Summary Judgment

In Pantor v City of New York, No. 159257/2015, 2019 WL 4390454, 2019 N.Y. Slip Op. 32706(U) (N.Y. Sup Ct, New York County Sep. 13, 2019), the court, inter alia, denied the City’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment case. The court summarized plaintiff’s contentions as follows: [P]laintiff alleges a course…

Read More Sexual Harassment Claim Survives Summary Judgment; “Presidential Affair” Comment, Among Others, Alleged

In Otero v Dist. Council 37, No. 161421/2013, 2019 WL 3451794 (N.Y. Sup Ct, New York County July 30, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s discrimination claim under the New York City Human Rights Law. After summarizing the relevant legal framework, case law, and standards for evaluating NYCHRL…

Read More Race, National Origin Discrimination Under the City Law Survive Summary Judgment

In Edwards v. Khalil, No. 12 CIV. 8442 (JCM), 2016 WL 1312149 (S.D.N.Y. Mar. 31, 2016), the court held (among other things) that plaintiff (a female police officer) presented enough evidence to survive summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…

Read More Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male Workers

Here is the recent decision in Barboza v. D’Agata, SDNY 13-cv-4067 (9/10/15) in which Judge Seibel ruled on the parties’ summary judgment motions. In this case, plaintiff alleged in his federal lawsuit that his arrest under (now unconstitutional) NY Penal Law § 240.30(1) for writing “fuck your shitty town bitches” on a speeding ticket payment form violated his constitutional…

Read More “Fuck Your Shitty Town Bitches” False Arrest/First Amendment Case Proceeds to Trial

In Tolbert v. Smith et al, decided by the Second Circuit on June 24, 2015, the court vacated the district court’s judgment dismissing plaintiff’s claims of race discrimination (and affirmed it with respect to his hostile work environment and defamation claims). This case is instructive on the “prima facie case” portion of the employment discrimination analysis. Plaintiff, a…

Read More Non-Tenured, Probationary Teacher Establishes Prima Facie Case of Race Discrimination

In Guzman v. Broadway 922 Enters., LLC, decided July 2, 2015, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s snow/ice slip-and-fall case. The court considered, and rejected, defendant’s defense based on the so-called “storm in progress” rule. In addition, it provides an example of one way a…

Read More Snow/Ice Slip-and-Fall Case Continues Based on Testimony that Ice Was “Dark” and “Dirty”

In Hexemer v. General Electric Co. et al., 2015 WL 3948418 (NDNY June 29, 2015), the court explained the framework for proving a retaliation claim under the New York State Human Rights Law and 42 USC § 1981: [A] plaintiff must first make out a prima facie case by showing that: (1) the employee engaged in…

Read More Evidence of “Shifting and Inconsistent Explanations” For Plaintiff’s Termination Supports Retaliation Claim

In Duckett v New York Presbyt. Hosp., 2015 NY Slip Op 05769 (App. Div. 1st Dept. July 2, 2015), the court affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim. The court held: Issues of fact exist as to whether the hospital unlawfully terminated petitioner’s employment because of her disability. There…

Read More Disability (Mental Illness) Discrimination Claim Against Hospital Survives Dismissal

In Aycardi v. Robinson, 2015 Slip Op 04249 (App. Div. 1st Dept. May 19, 2015), the court addressed the not-uncommon scenario where the plaintiff seeks to hold the employer of an alleged wrongdoer liable under the principle of vicarious liability. In this case, plaintiff pedestrian asserts that she was hit by a car being driven by…

Read More Questions of Fact Regarding Vicarious Liability Preclude Summary Judgment in Car Accident Case

In Hand v. NYC Housing Preservation and Development Division of Code Enforcement, a summary order decided by the Second Circuit on May 26, 2015, the courtvacated the district court’s dismissal of plaintiff’s hostile work environment sexual harassment claim. The court explained: Based on record evidence that Hand’s supervisor felt her breast and repeatedly invaded her…

Read More Supervisor Breast-Touch Results in Continuation of Title VII Hostile Work Environment Sexual Harassment Case